Old Title & Trust Company Building200 E Forsyth StreetJacksonville, FL 32202-3320

(904) 353-5800fallgatterlaw@fallgatterlaw.comhttps://fallgatterlaw.com

FALLGATTER CATLIN & VARON, P.A.

SURVIVAL GUIDEDUI

FALLGATTER CATLIN & VARON, P.A. 3

TABLE OF CONTENTS

As someone who has just been arrested for DUI, you are facing some serious, life altering events and you need to make some important decisions immediately.

The first decision you need to make is on your legal representation. An experienced lawyer can make a big difference in any case. Second, you have 10 days to appeal your driver’s license suspension with the DMV. These are two critical decisions you will need to make. Having the right legal counsel to represent your interest is essential to a successful outcome of your case. The following questions are very common after being arrested and charged with DUI.

04 I have been arrested, what should I expect?

06 What about my license?

07 What could happen to me?

08 I blew over the limit, can anything be done?

09 How can I fight this?

10 What if I’ve already pled guilty or no contest?

11 How do I find the right DUI Attorneys?

12 About Fallgatter Catlin & Varon, P.A.

KNOW YOUR RIGHTS

2FALLGATTER CATLIN & VARON, P.A.

14 Why Hire Fallgatter Catlin & Varon, P.A.

15 Contact Us

If you have been arrested for DUI,

from the time the arresting officer

suspected you were driving a vehicle

impaired, either due to alcohol or drugs,

that officer was collecting evidence to

be used against you in a court of law.

Getting arrested for DUI in the State

of Florida is a very serious offense,

and unfortunately, the arrest is just the

beginning of your legal ordeal. Being

charged with DUI means you are facing

two potential penalties:

1. The criminal case and a DUI

conviction; and

2. The administrative suspension of

your driver’s license by the Florida

Department of Highway Safety and

Motor Vehicles (“DMV”).

The criminal results of being convicted

of DUI can be more serious and can

have many long-lasting repercussions.

These include large fines, probation,

increased insurance rates, and the

possibility of additional time in jail.

A DUI conviction cannot be removed

from your driving record, even if you

plead “no contest,” and will remain a

part of your record. A DUI conviction

cannot be sealed or expunged. Due to

a Florida law passed in 2007, anyone

convicted of a DUI must carry additional

auto insurance on their policy costing as

much as $5,000.00 per year for up to 5

years. Depending on the circumstances

of your DUI driving violation, a DUI

conviction can also mean jail time,

probation, high fines, court costs, DUI

traffic school, community service, driver’s

license suspension, impoundment of

your vehicle, and an ignition interlock

device. These consequences will follow

you wherever you go. It can also affect

your job, entry into another country,

ability to get certain licenses, and the

ability to obtain certain employment.

For professionals, such as nurses and

doctors, it can mean suspension of your

license.

ARRESTED FOR A DUI?LEARN WHAT TO EXPECT

FALLGATTER CATLIN & VARON, P.A. 4 FALLGATTER CATLIN & VARON, P.A. 5

I HAVE BEEN ARRESTED, WHAT SHOULD I EXPECT?

FALLGATTER CATLIN & VARON, P.A. 7FALLGATTER CATLIN & VARON, P.A. 6

The license suspension started the moment the arresting officer gave you a DUI citation and took

your license. The DUI citation actually acts as your temporary driver’s license, but is only valid for

10 days. You have those 10 days, from the date of your arrest, to request a Formal Review Hearing

(“FRH”) to contest the administrative suspension of your license. If you fail to request this hearing

within the 10-day period, your license will be suspended immediately, and you will not be able to

request a FRH. This also means you will not be able to drive at all, to work, school or anywhere.

This “hard time” of having a suspended license can last 30 to 90 days. After this “Hard Time

Period,” you will be able to apply for a “business purpose only” restricted license for the balance

of your 6 months to 1-year suspension. An attorney can fight this suspension, and attempt to get

your license back, or appeal the DMV when they make an improper ruling. The FRH is one of the

most important events when charged with a DUI, because it gives your attorney a chance to obtain

much of the testimony and evidence that will be presented against you in court. This evidence may

allow your attorney to successfully plea bargain your case. It also may give your attorney grounds

to get the court to suppress evidence or dismiss the charges altogether.

“You have 10 days from the day of your arrest to request a Formal Review Hearing to contest the administrative suspension of your license.”

DUI PENALTIES

WHAT COULD HAPPEN TO ME?

WHAT ABOUT MY LICENSE?

Depending on the circumstances of your case, even for a first DUI conviction, you could be facing

a maximum penalty of up to a year in jail and a fine of up to $2,000.00 and hundreds of additional

dollars for court costs and probation fees. The costs of automobile insurance could amount up

to $25,000.00 over the next 5 years. Suspension of driving privileges can be up to one (1) year.

For a DUI arrest, where you have a prior conviction, depending on the circumstances, there are

mandatory jail penalties and your license could be suspended for the rest of your life. You might

also be denied certain civil liberties regarding future employment, educational opportunities,

housing, military service, or even entry into a foreign country.

I BLEW OVER THE LIMIT,WHAT CAN BE DONE?THE BREATHALYZER TESTYou can still fight your case. If the police stopped your car illegally, or otherwise engaged in an

illegal search, the test results can be thrown out by the court. Did the police follow all of the right

procedures before asking for a breath sample? If not, the test results may be inadmissible in court

and your case easier to fight.

If the breath test is admitted into evidence, then the actual breathalyzer machine’s reliability might

be brought into question. An attorney will review the history of the breath testing machine, known

as the Intoxilyzer 8000, used in your case. For example: did the actual machine have a history of

making mistakes, breaking down, needing repairs, and was it calibrated correctly? Was the machine

recently serviced by the manufacturer after extensive use? Breathalyzers are just machines and

may not be 100% reliable. The breath test machines also utilize averages for the entire population

of those tested. An average is not always an accurate representation for an individual and may

overstate a person’s actual breath alcohol level (“BAL”).

FALLGATTER CATLIN & VARON, P.A. 8 FALLGATTER CATLIN & VARON, P.A. 9

The test measures the level of alcohol in the lungs, but if you recently had an alcoholic beverage,

the residue in your mouth could present a higher BAL reading. Additionally, if the breath test

was administered at the jail, the test might not reflect the alcohol content at the time of driving,

since these jail tests are normally given hours later. Your alcohol level reading might be incorrectly

increased from the time you were actually operating a motor vehicle. An attorney will be able to

present evidence on the machine’s reliability. This criminal defense strategy may be able to prove

to a jury that the results are not reliable and do not meet the burden of proof required for a DUI

criminal conviction.

HOW CAN I FIGHT THIS?CONTACT AN ATTORNEY IMMEDIATELYOne of the biggest mistakes a person makes after being charged with DUI is putting off the hiring of a criminal defense attorney. Your inaction of not having proper legal counsel could make it more difficult for you to win your case. By waiting too long to hire legal counsel, an attorney will miss the opportunity to review the evidence against you at your FRH hearing. Witnesses may forget things and evidence may disappear. DUI cases are often times won on the details surrounding your vehicle stop and the events that followed, including the police investigation, reason for the stop, breathalyzer test results, etc. Your attorney may also represent you at your arraignment. Under Florida law, an attorney is permitted to file a “not guilty” plea on your behalf without you being present. An attorney may be able to waive your appearance at many court hearings so you do not have to take days off of work. A DUI attorney and their legal team will immediately review the facts involved in your case, contact witnesses, possibly examine the evidence at the arrest scene and have time to discover any other pertinent factors in your case.

FALLGATTER CATLIN & VARON, P.A. 11FALLGATTER CATLIN & VARON, P.A. 10 FALLGATTER CATLIN & VARON, P.A. 11FALLGATTER CATLIN & VARON, P.A. 10

HOW DO I FIND THE RIGHT DUI ATTORNEY?Finding the right attorney to represent you in a criminal defense matter as serious a DUI is not always the easiest thing. There are many factors that need to be considered when choosing a DUI attorney: (1) How long has the attorney been practicing criminal law defense?; (2) How often does the attorney defend DUI clients?; (3) Does the attorney have a proven track record representing clients accused of DUI?; (4) Does the attorney get criminal defense referrals from other attorneys?; (5) Is the attorney a self-practitioner or does he have a legal team capable of mounting a solid defense?; and (6) How successful is the attorney at trial? These are all questions you need to consider when choosing a criminal defense attorney.

WHAT IF I’VE ALREADY PLED GUILTY OR NO CONTEST?SPEAK WITH AN ATTORNEY IMMEDIATELYIf you have already pled guilty or “no contest,” you have been

convicted of the DUI charges. However, that does not mean that

nothing can be done. Unlike most of the State of Florida, many

judges will allow you to plead “no contest” in the courtroom located

in the jail. This is done without looking at any evidence or defenses

in your case. Often, people are scared and do not realize that they

can fight their case, or what the real adverse consequences of a

plea will mean to them. Many times, these proceedings are not

handled properly, or you are appointed an attorney for only a few

minutes, who does not adequately represent you. Our attorneys are

experienced in working with you in an effort to withdraw a guilty

or “no contest” plea that was entered into at the jail. This will allow

you to fully review and fight your case.

FALLGATTER CATLIN & VARON, P.A. 13FALLGATTER CATLIN & VARON, P.A. 12

Curtis S. Fallgatter has practiced law for over 30 years. He was a federal prosecutor in Jacksonville,

Florida for 17 years, and was the Chief Assistant, supervising some 20 lawyers, handling some of

the biggest cases in the office. He is the past President of the Jacksonville Chapter of the Federal

Bar Association. He contributes extensive trial expertise gained through numerous high-profile

criminal cases, and leadership capabilities through past supervision of a large number of lawyers

in criminal and civil cases in the U.S. Attorney’s Office. For the past two decades, he has been in

private practice, defending the rights of clients in criminal cases.

Mr. Fallgatter has been relied on by local TV stations and the Dr. Phil Show, as a high-profile

defense attorney, to provide commentary on criminal subjects ranging from DUI cases to complex

white collar cases. Of note are some of his recent appearances on WJXT Channel 4’s The Morning

Show.

CURTIS S. FALLGATTERPARTNER

• Over 30 years experience

• Former Federal Prosecutor

• Past President of the Jacksonville Chapter of the Federal Bar Association

Curtis S. Fallgatter904-353-5800

fallgatterlaw@fallgatterlaw.com

Lisa P. Varon has practiced criminal law in Jacksonville for more than 20 years. She is the past

President of the Northeast Chapter of the Florida Association of Criminal Defense Attorneys. She

was an Assistant Public Defender in the Fourth Judicial Circuit from 1991 to 2001, where she

represented clients in state court charged with crimes ranging from DUI’s to sex offenses, white

collar crimes and homicides. As a Felony Division Chief, she supervised attorneys in felony court.

She has worked with Mr. Fallgatter for more than ten years, defending clients in state and federal

court.

LISA P. VARON PARTNER

• Over 20 years experience

• Former Assistant Public Defender

• Past President of the Northeast Chapter of the Florida Association of Criminal Defense Attorneys

Lisa P. Varon904-353-5800

lvaron@fallgatterlaw.com

FALLGATTER CATLIN & VARON, P.A. 15FALLGATTER CATLIN & VARON, P.A. 14

At Fallgatter Catlin & Varon, P.A., we have

over 60 years of combined legal experience

and can handle any criminal defense matter.

DUI is a serious charge in Florida, and having

the right attorney and legal team to help you

sort out the details and present a case to the

jury is just as serious. Law enforcement has

told you that because you drank and drove,

you have committed an illegal act and are a

criminal. Nonsense. Impaired driving is a crime

but having a drink or two over a couple of

hours is not. Plus, they are required to obtain

their evidence lawfully, and prove their case

beyond a reasonable doubt. You have legal

rights, options and choices. Do not assume

that because you didn’t pass a subjective field

sobriety test, or the arresting officer believes he

smelled alcohol on your breath, you have lost

your case and are guilty as charged. At Fallgatter

Catlin & Varon, P.A. we have handled 100’s of

DUI cases and can explain your legal rights and

represent your legal interests.

WHY HIRE FALLGATTER CATLIN & VARON, P.A.

Hiring an attorney can be the difference between your freedom or time in jail, a fine

and a suspension of your driver’s license.Never try and go it alone.

Contact Fallgatter Catlin & Varon, P.A. today for your Free Consultation.

904-353-5800

fallgatterlaw@fallgatterlaw.com

https://fallgatterlaw.com

fallgatterlaw.com